Gaytri Kumari @ Gayatri Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75196 of 2025 Arising Out of PS. Case No.-12 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Gaytri Kumari @ Gayatri Kumari W/o- Surendra Prasad Shah Resident Of Village- Bangra, Ps- Baikunthpur, Dist- Goplaganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Binod Singh, Advocate For the State :

Mr. Ajay Mishra, APP For the Vigilance :

Mr. Arvind Kumar, Advocate Mr. Paritosh Parimal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-11-2025 Heard Mr. Ram Binod Singh, learned counsel for the petitioner, Mr. Arvind Kumar, learned counsel for the Vigilance as well as Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Baikunthpur P.S. Case No. 12 of 2023, F.I.R. dated 06.01.2023 for the offences punishable under Sections 467, 468, 471, 420 and 120(B) of the Indian Penal Code.

3. According to prosecution case, the petitioner has obtained the employment as a Panchayat Teacher by means of forged TET Certificate.

4. Learned counsel for the petitioner submits that

2/4 petitioner has clean antecedent and she has falsely been implicated in the present case merely on the ground that she has submitted her certificate which was found to be fake. He further submits that pursuant to the direction in CWJC No. 15459 of 2024 the present F.I.R has been instituted against the petitioner and other similarly situated persons in all over the State. As per the allegation in the F.I.R, the petitioner has submitted her TET Certificate but on verification from BSEB database, her certificate was found to be fake. He further submits that the petitioner has submitted the same certificate which she has obtained from the competent Board/University. He further submits that after the filing of the present F.I.R, the petitioner has been terminated from the service on 09.04.2024.

5. The learned counsel for the Vigilance as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner was fully aware about the fact that she has submitted forged marksheet.

6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and after the lodging of the present F.I.R the petitioner has been terminated from

3/4 the service in question, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No. 12 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her

4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T